H1B 60 days grace period

Intel
sry

Intel

BIO
The
srymore
Apr 24 18 Comments

Am I eligible for to use the 60 days to look for a new job if I quit voluntarily?

I read somewhere that h1b visa holders only get the 60 days for job search if their employment is terminated by employer (will be out of status if they quit voluntarily).

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TOP 18 Comments
  • Teradata EldV65
    I was on h1b and quit voluntarily. ( it was more of like constructive dismissal) Turned out to be the worst decision of my life which in turn gave me much Anxiety/depression to the point of me still struggling till now.

    You do get 60 day grace period but your new petition has to be received within the 60 day period.
    Apr 24 4
    • Google Switzlernd
      Were you able to find something new within the 60 days?
      Apr 24
    • New / Eng eclectic
      So you do get 60 days even after quitting?
      Apr 25
    • Teradata EldV65
      Yes . I found out a job at 32nd day, petition applied on 45th day, approved on 57th day. I cut it out close.
      Apr 25
    • Intel
      sry

      Intel

      BIO
      The
      srymore
      OP
      Thanks teradata. I'm not too good at handling stressful situations. The pressure of 60 days limit might get to me but I have been dealing with anxiety and depression since the last few months due to the loss of a family member. Additionally the work environment has been very hostile.
      32 days is not bad at all. You managed to find a job pretty quickly. I was thinking 45 should be okay.
      If you don't mind could you please elaborate on what made you regret your decision so much? It seems like things went well in your case.
      Apr 29
  • Verizon Media SMvd76
    Yes. U have 60 days Grace period. But filing another H1 could take time . 60days works in the best case scenario.
    Apr 24 2
    • Intel
      sry

      Intel

      BIO
      The
      srymore
      OP
      Thanks. I know people who used the grace period for job search when they were laid off/terminated. I just wanted to be sure this applies even when quitting.
      I read we just need to file for the transfer before the end of 60 days. I don't think it necessarily needs to be approved by then
      Apr 24
    • Verizon Media SMvd76
      Yes true. But some companies now a days would want you to wait until the approval is in and then join. I am not sure of the grey area when 60days are over and approval is yet to come
      Apr 29
  • F5 Networks / Eng moveon?
    Bad idea to do this. You're risking more than what you can chew.

    Take an unpaid 10 days PTO and take another 5-10 days of paid vacation. Do this if you really manage manage work and interviews.
    Apr 24 0
  • Amazon squak_01
    this is only true if you have an approved I-140. Without it there is no grace period. In both cases with or without I-140 the visa holder is out of status immediately upon termination of job.

    the 60day grace period was part of the rule generally known as AC-21 and it got into effect from Jan 2017
    https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled
    Apr 25 3
    • F5 Networks / Eng moveon?
      Whatttt? So if one gets laid off before getting i140, they're basically screwed?
      Apr 25
    • Intel
      sry

      Intel

      BIO
      The
      srymore
      OP
      I do have an approved I-140 but I know someone who used the 60 days for job search before getting approved I-140.
      Apr 29
    • Riverbed Technology dagdaubab
      This is bs. Grace period is available to everyone on H1
      Oct 8
  • New eBMV00
    Why do you want to make the bomb tick by quitting?
    Apr 24 1
    • Intel
      sry

      Intel

      BIO
      The
      srymore
      OP
      My current job is quite hectic and I'm not doing anything worthwhile so it's just distracting me from interviewing any where else.
      Was planning to spend 40 days on full time job search here and then continue looking for jobs at home if it doesn't work out here.
      Apr 24
  • Verizon Media SMvd76
    @sry if it isn't worthwhile push back some work. Cut work hours to 9-5. Or take sicks days(not an idealistic advice. But when on visa you got to ). Having a 60day count down is terrible than managing work and interviewing.
    Apr 25 0
  • Verizon Media SMvd76
    If someone gets laid off some companies are good and they keep you on payroll for one extra month so in total u end up having 3 months or so. Probably if you are in good terms u can negotiate.
    Apr 25 0
  • Athenahealth tcismylife
    Do it with some tactics as other said.
    Apr 24 0